Your Relationship with SchoolMint, Inc. (“SchoolMint”) custodian of HERO by SchoolMint, Inc. (“HERO”, or “Hero”, or “us” or “we”)
1.1 Your use of Hero products, software, services, including subscription services, and the Hero website (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and “Hero” or “Hero” whose principal place of business is at 1100 Bertrand Drive, Suite B, Lafayette, LA 70506.
This document explains how that legal agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Hero, your agreement with Hero will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Hero will also include the terms of any of our Subscription Agreement, other written agreements and legal notices to the extent applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Hero in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
BY ACTUALLY USING THE SERVICES. IN THIS CASE, YOU UNDERSTAND AND AGREE THAT SCHOOLMINT WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS.
Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Hero in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Hero will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Hero, or (b) you are a person barred from receiving the Services under the laws of the United States, the United Kingdom or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of this agreement for your records.
Language of the Terms
3.1 Where Hero has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Hero.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Provision of the Services by Hero
4.1 Hero is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Hero provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that Hero may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Hero’s sole discretion, without prior notice to you. This is in addition to any right to terminate that Hero may have under the Terms. You may stop using the Services at any time. You do not need to specifically inform Hero when you stop using the Services.
4.3 You acknowledge and agree that if Hero disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Transfer or deletion of data will be done in accordance to privacy policies.
4.4 You acknowledge and agree that while Hero may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Hero at any time, at Hero’s discretion.
Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Hero will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom, the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Hero, unless you have been specifically allowed to do so in a separate written agreement with Hero. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate written agreement with Hero, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Hero has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Hero may suffer) of any such breach.
Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Hero for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Hero at firstname.lastname@example.org immediately.
Privacy and your personal information
7.2 You agree to the use of your data in accordance with Hero’s privacy policies.
Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, audio files or photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 If Hero is advised by a third party of offensive, indecent or objectionable Content, Hero reserves the right (but shall have no obligation) to refuse or remove any or all such Content from any Service.
8.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.4 You agree that you are solely responsible for (and that Hero has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Hero may suffer) by doing so.
9.1 You acknowledge and agree that Hero (or Hero’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Hero and that you shall not disclose such information without Hero’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Hero, nothing in the Terms gives you a right to use any of Hero’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Hero, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
9.4 Other than the limited license set forth in Section 11, Hero acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Hero, you agree that you are responsible for protecting and enforcing those rights and that Hero has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Hero, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from Hero K12
10.1 Any license to use the software provided to you as part of the Services provided to you by Hero (referred to as the “Software”) is subject to the terms of a Hero subscription agreement and/or other written agreement This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Hero, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Hero, in writing.
10.3 Unless Hero has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
Content license from you
11.2 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services and/or the Hero website. By submitting, posting or displaying the Content you give Hero a worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Service for the sole purpose of enabling Hero to provide you with the Services. Such Content is not shared publicly by Hero and is made available only to you or others as may be directed by you.
11.3 By submitting any concepts, feedback, ideas or suggestions about the Service (“Feedback”), you give Hero a worldwide, royalty-free, and non-exclusive license to use any such Feedback for our improvements of the Service, without any obligation to compensate you or any other third party in any way for any such use. We agree not to share any Feedback publicly.
11.4 You understand that Hero, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various technology mediums; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Hero to take these actions.
Ending your relationship with Hero
12.1 The Terms will continue to apply until terminated by either you or Hero as set out below.
12.2 If you want to terminate your legal agreement with Hero, you may do so by (a) notifying Hero at any time and (b) closing your accounts for all of the Services which you use, where Hero has made this option available to you.
12.3 Hero may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Hero is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Hero offered the Services to you has terminated its relationship with Hero or ceased to offer the Services to you; or
(D) Hero is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Hero is, in Hero’s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect Hero’s rights regarding provision of Services under Section 4 of these Terms of Service.’
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Hero have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which provide that they are to continue indefinitely, shall be unaffected by this cessation or termination.
EXCLUSION OF WARRANTIES
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
13.2 IN PARTICULAR, Hero, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCHOOLMINT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.5 SCHOOLMINT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.6 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT SCHOOLMINT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCHOOLMINT, IT’S SUBSIDIARIES AND AFFILIATES, AND IT’S LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH Hero MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE HERO WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON SCHOOLMINT’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT Hero HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.1 The Services may include hyperlinks to third party web sites or content or resources. Hero may have no control over any websites or resources which are provided by companies or persons other than Hero.
15.2 You acknowledge and agree that Hero is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
15.3 You acknowledge and agree that Hero is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Changes to the Terms
16.1 Hero may make changes to the Universal Terms or Additional Terms from time to time. Hero will provide notification of the material changes to the Universal Terms through the Hero Web site at least thirty (30) business days prior to the change taking effect. When these changes are made, Hero will make a new copy of the Universal Terms available at https://www.herok12.com/tos and any new Additional Terms will be made available to you from within, or through, the affected Services.
16.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have taken effect, Hero will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
17.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and Hero and govern your use of the Services (but excluding any services which Hero may provide to you under a Hero subscription agreement and/or other written agreement), and completely replace any prior agreements between you and Hero in relation to the Services.
17.3 You agree that Hero may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.4 You agree that if Hero does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Hero has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hero’s rights and that those rights or remedies will still be available to Hero.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
FERPA and California AB 1584.
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Hero will abide to the following:
(a) Student records obtained by Hero from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Hero,
(d) Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, Hero users may access, correct, update, or delete personal information in their profile by signing into Hero accessing their Hero account and making the appropriate changes.
(e) Hero is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
(f) In the event of an unauthorized disclosure of a student’s records, Hero will (1) promptly notify users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what Hero has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action Hero has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at Hero the user can contact. Hero will keep the user fully informed until the incident is resolved.
(g) Hero will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
(h) Hero agrees to work with educational institution to ensure compliance with FERPA and the parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described above.
(i) Hero prohibits using personally identifiable information in student records to engage in targeted advertising.
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